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Pre-Existing Conditions & Personal Injury Claims

If you get hurt in an accident, you may have questions. This is especially true if you have a pre-existing medical condition. You might wonder how this condition will impact your personal injury claim.

While insurance companies often try to use pre-existing conditions to minimize injuries, California law protects injury victims. This allows them to seek compensation for injuries worsened by an accident. Proving the impact of pre-existing conditions in personal injury cases requires strong medical evidence and expert testimony.

Pre-existing health issues, like past injuries or illnesses, can make the process harder and affect compensation. At Cohn & Swartzon LLP, we fully assess each case and guide our clients through these challenges effectively.

The Eggshell Plaintiff Rule

California has the “Eggshell Plaintiff Rule.” This means that if someone is at fault, they must pay for all damages they cause. This remains true even if the injured person had a condition that made them more likely to get hurt. Defendants cannot avoid responsibility just because the victim had a medical issue before the accident.

How Pre-Existing Conditions Can Affect Your Personal Injury Claim

1. Insurance Companies May Use Pre-Existing Conditions to Reduce Compensation – Insurance companies might try to reduce payouts. They may argue that a pre-existing condition worsened the injuries from the accident. They claim that the accident did not directly cause these injuries. As a result, this could lead to a lower settlement or even a denial of the claim.
2. Documentation and Medical Evidence Are Key – A personal injury claim with pre-existing conditions needs clear and thorough documentation. This includes medical records, treatment histories, and expert opinions that can show how the accident worsened the existing condition. At Cohn & Swartzon LLP, we work with medical experts. This helps us gather the evidence you need for your claim.

Insurance Company Tactics

Insurance companies might claim that your injuries come only from your pre-existing condition, not the accident. They might:

1. Request extensive medical records to look for past injuries.
2. Claim that your pain and limitations existed before the accident.
3. Attempt to offer a low settlement based on your medical history.

A skilled personal injury attorney can counter these tactics and protect your rights.

Proving That the Accident Worsened Your Condition

You cannot get money for a medical condition you already had. However, you can seek compensation if the accident made your condition worse. To prove this, you will need:

1. Medical records – Documentation of your condition before and after the accident to show how it was affected.
2. Expert testimony – Doctors or medical professionals who can explain the extent to which the accident worsened your injuries.
3. Personal testimony – Your statements and those of family and friends show how the accident has affected your daily life.

Common Pre-Existing Conditions in Personal Injury Cases

Some common pre-existing conditions that may be impacted by an accident include:

1. Back and neck injuries – An accident can worsen existing spinal conditions, such as herniated discs or chronic pain.
2. Arthritis – Trauma from an accident may accelerate joint degeneration or intensify pain.
3. Previous fractures or surgeries – Injuries to previously broken bones or operated areas can lead to complications or delayed healing.

Protecting Your Claim

To strengthen your personal injury case, consider the following steps:

1. Be upfront about your medical history – Hiding a pre-existing condition can harm your credibility.
2. Seek immediate medical attention – Get a thorough evaluation to document any worsening of your condition.
3. Work with an experienced attorney – AA lawyer can help you gather evidence. They can negotiate with insurance companies and fight for full compensation.

Contact Cohn & Swartzon LLP Today

If you have a pre-existing condition, don’t let insurance companies unfairly reduce your claim. At Cohn & Swartzon LLP we have the experience to help clients. We assist those with existing conditions. Our goal is to help them get the compensation they deserve.

Understanding how a pre-existing condition affects your claim is crucial. Working with Cohn & Swartzon LLP can help you navigate the legal system. This can make a big difference in getting the compensation you deserve.

While you may look fine, you can never be sure how you are doing from the inside. If a truck hits a building, the building might seem okay. However, the city will send engineers to check its structure. They want to check it for damage, just like a doctor does after a car accident.

Ready to take the next step towards healing and justice?

If you or someone you know has a personal injury and already has health issues, please reach out to us. We offer a free consultation. Let us help you navigate the process and get the justice you deserve.

Call us at 714-547-5100 or click here to schedule a free assessment of your case with the Cohn & Swartzon LLP team. Remember, you are worthy of healing and justice.

Cohn & Swartzon LLP

Putting together the pieces – physical, mental, emotional & financial – so you feel whole again.

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